Parental Responsibility is a concept that replaced the idea of ‘parent’s rights’. It was introduced by the Children Act 1989 and is defined in Part 1 Section 3 (1) as:
..’all the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to the child and his property.’
This is also extended to anyone who is a guardian of a child in certain circumstances.
Parental Responsibility cannot be surrendered or transferred to someone else. It can only be ended on application to the Court by the person with Parental responsibility or, with the Court’s consent, by the child.
Many people refer to ‘Parental Responsibility’ simply as ‘PR’.
Who has parental responsibility?
Who does not have parental responsibility?
Implications for childcare settings.
For fathers who do not have PR, but have care of the child, the law accepts that they may ‘do what is reasonable in all circumstances of the case for the purpose of safeguarding or promoting the child’s welfare’. (S3.5 (a)(b).
Updated April 2019